Five Argument in the Leo Frank Case by Berry Benson, is an analysis of the infamous "death notes" found next to the dead body of Mary Phagan in the basement of the National Pencil Company. Benson takes the position in favor of Leo Frank and argued on his behalf, concerning the now century long dispute over whether or not Jim Conley wrote the "death notes" alone or Leo Frank dictated them to Conley who then paraphrased them in Negro dialect.
Rarely ever discussed with any depth in books about the Leo Frank Case are the surviving high resolution copies of the original dictated notes that Jim Conley wrote down after he was arrested on Thursday, May 1, 1913, and later interrogation by Detectives at the Atlanta Police Station. When all things were considered the significance of the handwriting experiment was that when the Atlanta police dictated the "death notes" to Jim Conley, another dispute was solved concerning the meaning of the word "Nightwitch".
When the police dictated the word 'Nightwatchman' correctly to Conley, he misspelled it and wrote down 'Nightwitchman', proving he likely wrote the original "death notes" that were attempting to frame the Nightwatch Newt Lee of the Mary Phagan murder. Weeks of third degree interrogation later, on May 18, 1913, Jim Conley finally admitted he was indeed trying to frame the murder of Mary Phagan on the nightwatch Newt Lee, but he said Leo Frank had dictated the substance of the notes to him four separate times on four separate pieces of note paper. Only two notes of the four alleged notes were ever found.
Many people who have taken the side of Leo Frank, perpetuated the hoax: what Jim Conley meant by using the word "Nightwitch" in the "death notes", was actually referring to blaming the murder of Mary Phagan on a mythological character in Negro folklore about an evil spirit / ghost that climbs through the keyhole and strangles people. However, despite "nightwitch" ghost/spirit theory being incorrect in this case, a number of people still promote this theory as a means of attempting to emotionally exonerate Leo Frank in the mainstream and popular culture.
The most reliable primary and secondary sources about Mary Phagan's murder, Leo Frank's trial, appeals and aftermath.
1. The Murder of Little Mary Phagan by Mary Phagan Kean (b. June 5, 1954) was written by the namesake and grandniece of Mary Phagan (1899 - 1913) -- the little girl who was murdered on Georgia Confederate Memorial Day, April 26, 1913. Phagan-Kean produces a rare neutral account of the Mary Phagan murder investigation, coroner's inquest, grandjury indictment, and trial of Leo Frank, including the appeals (1913-1915) and aftermath of the case (1982-1986), that is engaging and well worth reading. Phagan-Kean's book is a very refreshing change from the endless number of contemporary books written by Leo Frank activists over the generations who quote and plagiarize other Leo Frank activists' academic dishonesty and falsified research, to create an artificial consensus of history that Leo Frank was innocent. For more than one hundred years Leo Frank activists have relied upon using fallacious evidence and fabrication about the Leo Frank case to racistly transform the 1913 affair into an anti-Gentile ethno-religious conspiracy.
Be sure to read the abridged closing arguments of Hugh Dorsey, Frank Arthur Hooper, Luther Rosser and Reuben Rose Arnold. A chronology of Leo Frank's appeals is also included. The last segment provides a detailed account of Leo Frank's lynching.
For a much clearer picture of the trial testimony, read the elusive Leo Frank Trial Brief of Evidence (BOE, 1913) for the official version of the trial testimony. Compare the American State Trials Volume X 1918 version of the BOE with the official record of the Leo Frank trial brief of evidence (1913) to see what was left out (the juiciest stuff) from the American State Trials Volume X, 1918.
3. Argument of Hugh M. Dorsey in the Trial of Leo Frank (Available here on www.Archive.org). Some but not all of the 9 hours of arguments given to the jury at the end of the Leo Frank trial on August 22nd, 23rd, and 25th of 1913 (the 24th was Sunday). Very few libraries in the United States have original copies of this books. There has been an effort over the last 100 years to steal and destroy the remaining copies so as to suppress Hugh Dorsey's closing arguments and peroration.
This excellent book is required reading to see how the prosecutor Hugh Dorsey in sales vernacular: "closed", a Jury panel of 13 men, made up of a judge with a reputation for conscientiousness, along with a jury of 12 men.
On appeals Leo Frank's defense team submitted a petition to judge Roan on 107 grounds for why Leo Frank should get a new trial -- every single ground was rejected with an explanation on October 31, 1913. Judge Roans rejection of each and every one of the 107 grounds put before him, causes most 20th and 21st century neutral observers to realize the judge's appeasing oral remarks to his former law-partner Luther Rosser about questions of Leo Frank's "innocence or guilt" were nothing more of a business courtesy, than an expression of doubt.
At a later time after state appeals to the Georgia Supreme Court failed, Superior Court Judge Benjamin Hill on March 7th, 1914, scheduled Leo Frank to hang on his 30th birthday April 17, 1914, revealing the ultimate truth and strength of his verdict.
Three Major Atlanta Dailies: The Atlanta Constitution, The Atlanta Journal, The Atlanta Georgian (Hearst's Tabloid Yellow Journalism), The most relevant issues center around April 28th to August 27th 1913.
An analysis of the handwriting of Jim Conley. When the police dictated the Mary Phagan "death notes" to Jim Conley and spoke the word Nightwatchman, Jim Conley mispelled it and put Nightwitchman, proving he was trying to frame the Nightwatchman Newt Lee.
October 14, 2012 Subject:
A century long conspiracy of pathological lies by hoaxers and charlatans
Berry Benson's poorly formulated "analysis" has clearly proven him to be an unreliable source for facts, reasoning and distillation concerning the Leo Frank Case. The primary reason for Berry Benson's many conclusions being so effortlessly discredited with the least amount of scrutiny, results from his analysis being so easily deconstructed and debunked using the official legal records from the Leo Frank trial and appeals. If anyone has even remote doubts in these regards, refer to the Leo Frank Georgia Supreme Court Case Records (1913, 1914) and Leo Frank Trial Brief of Evidence (1913).
Threnos clearly never studied the primary sources of the Leo Frank Case and is just regurgitating the unscholarly research she read from Pseudoscholars, Pseudohistorians and Pseudoacademics like Leonard Dinnerstein, Elaine Marie Alphin (2010), Harry Golden (1964, 1965), Steve Oney (2003), Jeffrey Melnick, Robert Seitz Frey (2002) and Matthew Bernstein - known propagandists and activists defending Leo Frank with racist, prejudiced and bigoted agendas against non-Jews. These pro-Frank activists shamelessly use racist blood-libel canards, false history, unsubstantiated rumors, and unmitigated disinformation campaigns in their failed attempts to rehabilitate Leo Frank. These authors have been thoroughly and indisputably discredited, because they were willing to perpetuate in their books, widely known frauds and hoaxes about the Leo Frank case.
I encourage anyone who is interested in learning what really happened during the Mary Phagan murder investigation and ensuing Leo Frank trial, to study the primary sources of the case, and draw their own conclusions, not form judgments based on unreliable secondary sources who pretend to be neutral, but have proven themselves to have racist political and social agendas against European-Americans and African-Americans.
Against the backdrop of numerous fraud-based books written on the Leo Frank affair, the only reliable secondary source book published about the case in the last 60 years is, 'The Murder of Mary Phagan' (1989) by Mary Phagan Kean. Her timeless book now dispells a century of smears and defamation by the Jewish Community against European-Americans and African-Americans.
The centennials of the double strangulation murder of Mary Phagan and Leo Frank, will inaugurate the century long perpetuated Leo Frank Conspiracy Scams being fully exposed to the light of truth for the whole world to witness and become part of the new history for future generations.
Perhaps someday there will finally be justice for Mary Phagan, who had her face pounded in by the serial child molester and B'nai B'rith President of Atlanta, Leo Max Frank.
Want to learn what really happened?
1. American State Trials Volume X, 1918, by John D. Lawson LLD.
2. Arguments of Hugh M. Dorsey at the Trial of Leo Frank, published in 1914.
3. The Frank Case (1913) by Anonymous (The first book)
4. The Leo Frank Trial Brief of Evidence (1913)
5. Leo Frank Georgia Supreme Court Records (1913, 1914) 1,800 pages.
6. Watson's Magazine, August, September and October of 1915 by Tom Watson.
7. The Murder of Mary Phagan by Mary Phagan Kean (1989)
May 31, 2012 Subject:
Some Good Reasoning
I docked this a star because I didn't like some of the racially bigoted aspects.
There was something Benson didn't mention.
I do believe also that Conley wrote the note starting "mam" first. It is only logical that this would be the first one since it starts off being addressed to a person. The theme of Mary being raped plays through to the 2nd note written on the pad of paper found beside her body. They aren't really seperare notes they are one letter:
"mam that negro hire down here did this i went to make water and he push me down that hole a long tall negro black that hoo it wase long tall sleam negro i wright while play with me he said he wood love me land down play like the night witch did it but that long tall black negro did by his slef"
However, Benson failed to mention that the fact that both notes were written on two very different sheets also proves towards Frank's innocence. If Frank had dictated the notes to Conley in his office why would they be on seperate papers? Frank's office would be full of the same paper. Why would Leo Frank think it was believable that Mary Phagan while in the act of being raped had found two different pieces of paper? Subsequently Conley claimed that the first one he wrote on was the one that came from the pad of paper that had been found beside Mary, a pad that still had leaves on it. Why would Frank have had him write on another sheet altogether?
It makes more sense that the paper used for the notes was found out of necessity. Conley first found the carbon paper with the Pencil heading. He wrote on this. Being prone to rattle on and embellish he wanted to print more. This time when he went looking he found the note pad. Think about it logically. If this had been found first, having many sheets of paper, it would have been used first. However, Conley wasn't smart enough to think about this reasoning at the time. His main concern for writing the notes was pinning the murder on another black man, who looked somewhat different than him, William Nolle.
This could further validate Alonzo Mann's statment that he had seen Conley with Mary's body. Conley was worried the boy could still come forward and say he had seen a black man with Mary. Conley needed to frame another black man hoping the boy would not be able to completely identify him only that it was a black man.
Conley was unable to sign Mary's name to the note not being aware of what her name was. Leo Frank would have known it.
Benson also fails to mention that Conley's ties to Lorena Jones may have been so strong that he ultimately did not want to flee after Phagan's murder.